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A legal analysis of the SIEC test in practice within mergers of digital platforms in Sweden and the EU

Arslan, Maria LU (2020) JAEM03 20201
Department of Law
Faculty of Law
Abstract
Merger control in Sweden and the EU has done a prominent job in adapting to the special competitive aspects of digital platforms. Merger investigations by the Swedish Competition Authority and the European Commission include an assessment of the significant impediment to effective competition (SIEC test). The test is described in article 4(1) of the Swedish Competition Act and articles 2(2) and 2(3) of the EU Merger Regulation. The SIEC test plays a pivotal role in many occasions where concentrations have the potential to significantly impede effective market competition despite revenues of the parties being relatively low. Compared to the small but significant and non-transitory increase in price (SSNIP test) in which emphasis is... (More)
Merger control in Sweden and the EU has done a prominent job in adapting to the special competitive aspects of digital platforms. Merger investigations by the Swedish Competition Authority and the European Commission include an assessment of the significant impediment to effective competition (SIEC test). The test is described in article 4(1) of the Swedish Competition Act and articles 2(2) and 2(3) of the EU Merger Regulation. The SIEC test plays a pivotal role in many occasions where concentrations have the potential to significantly impede effective market competition despite revenues of the parties being relatively low. Compared to the small but significant and non-transitory increase in price (SSNIP test) in which emphasis is generally placed on increase in price within the relevant market, the essence of the SIEC test is that it has an expanded range of assessment methods that can be tailored to the complex dynamics of digital markets.

This thesis explores four merger cases (Microsoft/Skype, Facebook/WhatsApp, Blocket/Hemnet, Apple/Shazam) which are excellent demonstrations of the SIEC test used in practice by the Swedish Competition Authority and the European Commission. The different circumstances in the four cases illustrate that there is indeed an adaption of the assessment methods based on specific competitive concerns a proposed merger might raise. The comparative analysis of the SIEC test in this thesis proves that the assessment methods of Sweden and the EU share major similarities. (Less)
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author
Arslan, Maria LU
supervisor
organization
course
JAEM03 20201
year
type
H2 - Master's Degree (Two Years)
subject
keywords
SIEC test, significant impediment to effective competition, merger control, digital platforms, European Commission, Art. 2(2) EUMR, Art. 2(3) EUMR, Swedish Competition Authority, Art 4(1) Swedish Competition Act, market dynamics
language
English
id
9031798
date added to LUP
2020-11-11 17:28:04
date last changed
2020-11-11 17:28:04
@misc{9031798,
  abstract     = {{Merger control in Sweden and the EU has done a prominent job in adapting to the special competitive aspects of digital platforms. Merger investigations by the Swedish Competition Authority and the European Commission include an assessment of the significant impediment to effective competition (SIEC test). The test is described in article 4(1) of the Swedish Competition Act and articles 2(2) and 2(3) of the EU Merger Regulation. The SIEC test plays a pivotal role in many occasions where concentrations have the potential to significantly impede effective market competition despite revenues of the parties being relatively low. Compared to the small but significant and non-transitory increase in price (SSNIP test) in which emphasis is generally placed on increase in price within the relevant market, the essence of the SIEC test is that it has an expanded range of assessment methods that can be tailored to the complex dynamics of digital markets.

This thesis explores four merger cases (Microsoft/Skype, Facebook/WhatsApp, Blocket/Hemnet, Apple/Shazam) which are excellent demonstrations of the SIEC test used in practice by the Swedish Competition Authority and the European Commission. The different circumstances in the four cases illustrate that there is indeed an adaption of the assessment methods based on specific competitive concerns a proposed merger might raise. The comparative analysis of the SIEC test in this thesis proves that the assessment methods of Sweden and the EU share major similarities.}},
  author       = {{Arslan, Maria}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{A legal analysis of the SIEC test in practice within mergers of digital platforms in Sweden and the EU}},
  year         = {{2020}},
}